ALBANY – The American
Civil Liberties Union today promised to appeal to New York’s highest court after
an intermediate court refused to strike down a state law that bars same-sex
couples from marriage and the hundreds of family protections afforded to married
couples.

“Of course we’re disappointed in this ruling that the state can
continue to deny same-sex couples the protections of marriage, but this case is
far from over,” said Roberta Kaplan of Paul, Weiss, Rifkind, Wharton and
Garrison, LLP, who argued the case as an ACLU cooperating attorney. “As
we’ve known all along, this issue will ultimately be decided by New York’s
highest court.”

The case, brought by the ACLU’s national Lesbian and Gay Rights Project, the
New York Civil Liberties Union, and Paul, Weiss, Rifkind, Wharton and Garrison,
LLP was argued on October 17 before the Third Judicial Department of the New
York Supreme Court’s Appellate Division on behalf of same-sex couples. Some of
the plaintiffs, who hope to be married in the state and had been on the waiting
list to get married by Mayor Jason West in New Paltz, were present in court.

The New York Court of Appeals has already accepted review of the issue of
marriage for same-sex couples in another case, Hernandez v. Robles, which was
brought by Lambda Legal.

“Same-sex couples make the same commitments to each other and share the same
responsibilities that heterosexual couples make, yet lesbian and gay couples are
treated as legal strangers,” said James Esseks, Litigation Director of the
ACLU’s national Lesbian and Gay Rights Project. “Same-sex couples who make
the commitment to love and support each other for the rest of their lives
shouldn’t be denied the same protections for their families that married couples
receive from the state.”

Esseks and Sharon McGowan of the ACLU’s Lesbian and
Gay Rights Project, Art Eisenberg of the New York Civil Liberties Union, and
Kaplan and Andrew Ehrlich of Paul, Weiss, Rifkind, Wharton and Garrison, LLP are
the legal team representing the plaintiffs.

Biographical information
on all of the clients, the legal documents and other background materials about
Samuels and Gallagher, et. al. v. New York Department of Health are available at
www.aclu.org/caseprofiles